Emory Bankruptcy Developments Journal

An International Approach to Breaking the Core of the Bankruptcy Code and FAA Conflict

Polina Kushelev | 28 Emory Bankr. Dev. J. 355 (2012)

This Note will focus on the enforceability of arbitration clauses in bankruptcy proceedings under the FAA, New York Convention, and chapter 11 of the Bankruptcy Code, using international approaches as support. It will begin by identifying the current foundational analyses used in this controversial area and explaining why arbitration agreements should not always be enforced in core bankruptcy proceedings in Part I. Next, the Note will outline in Part II why the current regime is flawed and in need of an overhaul. Lastly, the Note will recommend in Part III a viable solution that is in the best interests of the parties, FAA, and Bankruptcy Code.